Note: As part of an ongoing project to clarify and update the Proposition 65 regulatory provisions,

OEHHA has reorganized the Clear and Reasonable Warnings section 25601 of Title 27, California Code of
Regulations. The purpose of the reorganization was to facilitate the research and utilization of this section.
No substantive changes were made to the regulation; it was simply restructured, with individual subjects
being placed under subsections with subtitles. No language was removed or added. This reorganization has
not altered the purpose or applicability of this section.

Title 27, California Code of Regulations

ARTICLE 6. Clear and Reasonable Warnings

§ 25601 Clear and Reasonable Warnings

Whenever a clear and reasonable warning is required under Section 25249.6 of the Act,
the method employed to transmit the warning must be reasonably calculated, considering
the alternative methods available under the circumstances, to make the warning message
available to the individual prior to exposure. The message must clearly communicate that
the chemical in question is known to the state to cause cancer, or birth defects or other
reproductive harm. Nothing in this section shall be construed to preclude a person from
providing warnings other than those specified in this article that satisfy the requirements
of this article, or to require that warnings be provided separately to each exposed
individual.

NOTE: Authority cited: Section 25249.12, Health and Safety Code. Reference: Sections
25249.6 and 25249.11, Health and Safety Code

§ 25602 Definitions

(a) “Affected area” means the area in which an exposure to a chemical known to
the state to cause cancer or reproductive toxicity is at a level that requires a warning.

(b) "Consumer products exposure" is an exposure that results from a person's

acquisition, purchase, storage, consumption, or other reasonably foreseeable use of a
consumer good, or any exposure that results from receiving a consumer service.

(c) "Environmental exposure" is an exposure that may foreseeably occur as the

result of contact with an environmental medium, including, but not limited to, ambient
air, indoor air, drinking water, standing water, running water, soil, vegetation, or
manmade or natural substances, either through inhalation, ingestion, skin contact, or
otherwise. Environmental exposures include all exposures that are not consumer products
exposures, or occupational exposures.

(d) "Label" means a display of written, printed or graphic matter upon a product
or its immediate container.

(e) “Labeling" means any label or other written, printed or graphic matter affixed
to or accompanying a product or its container or wrapper.

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 (f) "Occupational exposure" means an exposure to any employee in his or her
employer’s workplace.

(g) “Sign” means a presentation of written, printed, or graphic matter.

NOTE: Authority cited: Section 25249.12, Health and Safety Code. Reference: Section
25249.6, Health and Safety Code

§ 25603 Consumer Products Warnings

(a) Warnings for consumer products exposures that include the methods of
transmission and the warning messages as specified by this section shall be deemed to be
clear and reasonable.

(b) To the extent practicable, warning materials such as signs, notices, menu
stickers, or labels shall be provided by the manufacturer, producer, or packager of the
consumer product, rather than by the retail seller.

(c) A person in the course of doing business, who manufactures, produces,

assembles, processes, handles, distributes, stores, sells, or otherwise transfers a consumer
product which he or she knows to contain a chemical known to the state to cause cancer
or reproductive toxicity in an amount that requires a warning shall provide a warning to
any person to whom the product is sold or transferred unless the product is packaged or
labeled with a clear and reasonable warning.

NOTE: Authority cited: Section 25249.12, Health and Safety Code. Reference: Sections
25249.6 and 25249.11, Health and Safety Code

§ 25603.1 Consumer Products Exposure Warnings – Method of Transmission

The warning may be provided by using one or more of the following methods singly or in
combination:

(a) A warning that appears on a product's label or other labeling.

(b) Identification of the product at the retail outlet in a manner which provides a
warning. Identification may be through shelf labeling, signs, menus, or a combination
thereof.

(c) The warnings provided pursuant to subparagraphs (a) and (b) shall be
prominently placed upon a product's label or other labeling or displayed at the retail
outlet with such conspicuousness, as compared with other words, statements, designs, or
devices in the label, labeling or display as to render it likely to be read and understood by
an ordinary individual under customary conditions of purchase or use.

(d) A system of signs, public advertising identifying the system and toll-free
information services, or any other system that provides clear and reasonable warnings.

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NOTE: Authority cited: Section 25249.12, Health and Safety Code. Reference: Sections
25249.6 and 25249.11, Health and Safety Code

§ 25603.2 Consumer Products Exposure Warnings – Content

(a) The warning message must include the following language:

1. For consumer products that contain a chemical known to the state to

cause cancer:

"WARNING: This product contains a chemical known to the State of

California to cause cancer."

2. For consumer products that contain a chemical known to the state to

cause reproductive toxicity:

"WARNING: This product contains a chemical known to the State of

California to cause birth defects or other reproductive harm."

NOTE: Authority cited: Section 25249.12, Health and Safety Code. Reference: Sections
25249.6 and 25249.11, Health and Safety Code

§ 25603.3 Warnings for Specific Consumer Products Exposure

(a) For food, other than alcoholic beverages, sold, served, or otherwise provided
in food facilities, as defined in Health and Safety Code Section 27521(a), which is
intended for immediate consumption:

"WARNING: Chemicals known to the State of California to cause cancer,

or birth defects or other reproductive harm may be present in foods or beverages
sold or served here."

(b) For fresh fruits, nuts, and vegetables:

"WARNING: This product may contain a chemical known to the State of

California to cause cancer, or birth defects or other reproductive harm."

(c) For prescription drugs, the labeling approved or otherwise provided under
federal law and the prescriber's accepted practice of obtaining a patient's informed
consent shall be deemed to be a clear and reasonable warning.

(d) For exposures resulting from emergency or urgent medical or dental care as
defined in Section 25102(g), the accepted practice of obtaining the patient's informed
consent shall be deemed to be a clear and reasonable warning when any of the following
circumstances exists:

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 1. the patient is unconscious; or

2. the procedure must be undertaken because the licensed medical

personnel, licensed dental personnel, or certified emergency medical personnel
responsible for administering the care, as these terms are defined in Sections
25102(q), 25102(d), and 25102(b), respectively, reasonably believes that the
procedure should be undertaken immediately; and therefore, there is insufficient
time to fully inform the patient; or

3. the procedure must be performed on a person legally incapable of

giving consent, and the licensed medical personnel, licensed dental personnel, or
certified emergency medical personnel responsible for administering the care
reasonably believes the procedure should be undertaken immediately; and
therefore, there is insufficient time to obtain the informed consent of a person
authorized to give such consent for the patient.

(e) Alcoholic Beverages. For alcoholic beverages, including, without limitation,

beer, malt beverages, wine and distilled spirits:

1. The warning message must include the following language:

"WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine and Other

Alcoholic Beverages May Increase Cancer Risk, and, During Pregnancy, Can
Cause Birth Defects."

2. Beverages primarily intended for consumption off the premises where

sold or distributed:

(A) at least one notice or sign, no smaller than 10 inches wide by 10

inches high, and bearing the warning message set forth in subparagraph (e)(1) of
this subsection; or

(B) at least one horizontal strip marker no smaller than 10 1/2 inches wide
by 1 1/4 inches high, and bearing the warning message set forth in paragraph
(e)(1) of this subsection; or

(C) a notice no smaller than 5 inches by 5 inches, and bearing the warning
message set forth in subparagraph (e)(1) of this subsection.

(D) If signs 10 inches high by 10 inches wide are used, the word
"warning" shall be centered three-quarters of an inch from the top of the sign in
ITC Garamond bold condensed type face all in one-inch capital letters. Three-
sixteenths of an inch from the base of the word "warning" shall be a line
extending from left to right across the width of the sign one-sixteenth of an inch
in thickness. Centered one-half inch below the line shall be the body of the
warning message in 36/50 ITC Garamond bold condensed type face with the

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initial letter of each word, other than the conjunctive "and," capitalized. For the
body of the warning message, left and right margins of at least one-half of an
inch, and a bottom margin of at least one-half inch shall be observed. Larger signs
shall bear substantially the same proportions of type size and spacing to sign
dimension as the sign 10 inches high by 10 inches wide.

(E) If the 10 1/2 inch by 1 1/4 inch horizontal strip markers are used, the
word "WARNING," punctuated by a colon, shall be justified left and located
three-sixteenths of an inch from the top of the strip notice in ITC Garamond bold
condensed type face all in capital letters measuring eleven sixteenths of an inch in
height. Three thirty-seconds of an inch from the base of the word "WARNING"
shall be a line extending from left to right across the width of the word
"WARNING" and the punctuating colon one thirty-second of an inch in thickness.
Located one-fourth of an inch from the top and one-fourth of an inch from the
bottom of the strip notice, and to the immediate right of the word "WARNING,"
shall be the body of the warning message in 12/16 point ITC Garamond bold
condensed type face with the initial letter of each word, other than the conjunctive
"and," capitalized. The word "WARNING" shall be one-half inch from the left
edge of the strip notice and the requisite warning message shall extend to within
one-half inch from the right edge.

(F) If the 5 inch by 5 inch signs are used, they shall bear substantially the
same proportions of type size and spacing to sign dimension as the sign 10 inches
high by 10 inches wide, with both the word "WARNING" and the warning text
set in white on a contrasting red background.

(G) Such sign or notice shall be placed in the retail establishment so as to

assure that it is readable and likely to be read either at each retail point of sale or
each point of display. Such sign or notice shall be placed either at all retail points
of sale or all points of display, but need not be placed at both. If 10 inch by 10
inch signs or notices are placed at the point of display, each shall be placed no
more than ten feet from any alcoholic beverage container and in a manner
associating the sign or notice with the display. If horizontal strip notices are used,
they shall be placed at ten-foot intervals horizontally along the display. If a 5 inch
by 5 inch sign is used, it shall be conspicuously placed at each retail point of sale
(e.g., check-out counter, cash register, cash box) so that it is likely to be read and
understood during the sales transaction.

(H) All measurements specified or referred to in paragraphs (D), (E) and

(F), above, are not required to be precisely accurate.

3. For beverages provided for consumption on the premises at tables

served by food or beverage persons, or sold or distributed through over the
counter service;

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 (A) a notice or sign displayed at each of the tables where alcoholic
beverages are served or may be consumed at least 5 inches high by 5 inches wide
bearing substantially the same type face and substantially the same proportion of
type size and spacing to sign dimension as described in paragraph (e)2. (F); or

(B) the warning message set forth in subparagraph (e)(1) of this

subsection, placed upon a menu or list in association with the alcoholic beverages
listed thereon and served at such premises, or if alcoholic beverages are not listed
thereon, on any menu or list provided to patrons in association with the listing of
food or beverage offerings, in type size and design, such that the text is
conspicuous and likely to be read prior to consumption of alcoholic beverages or,

(C) at least one 10 inch by 10 inch sign, meeting the specifications set
forth in subparagraph (e)2. (D) of this subsection, placed so that it is readable and
likely to be read by patrons as they enter each public entrance to the
establishment. If the establishment does not have clearly defined physical
boundaries delineating those areas where, by permit or license, alcoholic
beverages are served, the 10 inch by 10 inch sign shall be posted so that it is
readable and likely to be read by patrons as they enter the area or areas where, by
permit or license, alcoholic beverages are served; and

(D) If sold or distributed through over-the-counter service, at least one

sign, meeting the specifications set forth in paragraph (e)2. (D) of this subsection,
placed in the retail establishment so that the warning message is, prior to the
consumption of alcoholic beverages, readable and likely to be read from all
counter locations available to the public. Therefore, a retail establishment
providing a warning pursuant to the preceding sentence, also would be required to
provide a warning in accordance with either paragraph 3. (A), 3.(B) or 3.(C) of
this subsection.

4. For premises which are specially licensed to sell and serve alcoholic
beverages both on and off the licensed premises (e.g., in facilities that offer both
"tasting" and retail sales), the off-sale portion of the premises shall comply with
the provisions of subparagraph (e)2, above, and the portion of the premises where
alcoholic beverages are served shall comply with the provisions of subparagraph
(e)3, above.

5. For alcoholic beverages sold or distributed to consumers through the

mail or package delivery services, warnings may be provided by incorporating or
placing the warning message set forth in subparagraph (e)(1) on or in the shipping
container or delivery package in such a manner so that the warning message is
likely to be read by the recipient prior to consumption of the alcoholic
beverage(s).

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 6. All signs or notices referred to in subparagraphs (e)2., (e)3. and (e)4.,
above, shall be displayed so that they are clearly visible under all lighting
conditions normally encountered during business hours.

7. For alcoholic beverages, the placement and maintenance of the warning

shall be the responsibility of the manufacturer or its distributor at no cost to the
retailer, and any consequences for failure to do the same shall rest solely with the
manufacturer or its distributor, provided that the retailer does not remove, deface,
or obscure the requisite signs or notices, or obstruct, interfere with, or otherwise
frustrate the manufacturer's reasonable efforts to post, maintain, or periodically
replace said materials.

NOTE: Authority cited: Section 25249.12, Health and Safety Code. Reference: Sections
25249.6 and 25249.11, Health and Safety Code

§ 25604 Occupational Exposure

(a) Warnings for occupational exposures that include the methods of transmission
and the warning messages as specified by this section shall be deemed clear and
reasonable.

NOTE: Authority cited: Section 25249.12, Health and Safety Code. Reference: Sections
25249.6 and 25249.11, Health and Safety Code

§ 25604.1 Occupational Exposure Warnings – Methods of Transmission

(a) The method employed to transmit the warning must include one of the
following alternative methods:

1. A warning that appears on the label or labeling of a product or

substance present or used in the workplace. The label or labeling shall be
prominently displayed on the product or substance and the product or substance
shall be used under circumstances which make it likely that the warnings will be
read and understood by employees or other individuals prior to the exposure for
which the warning is given.

2. A warning that appears on a sign in the workplace posted in a

conspicuous place and under conditions that make it likely to be read and
understood by employees and other individuals prior to the exposure for which
the warning is given.

3. A warning to the exposed employee about the chemical in question

which fully complies with all information, training and labeling requirements of
the federal Hazard Communication Standard (29 CFR section 1910.1200, as
amended on March 7, 1996), the California Hazard Communication Standard
(Cal. Code Regs., title 8, section 5194, as amended on July 6, 2004), or, for

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 pesticides, the Pesticides and Worker Safety requirements (Cal. Code Regs., title
3, section 6700 et seq., as amended on June 20, 2001) authorized in Food and
Agricultural Code section 12981 as amended by Governor's Reorganization Plan
No. 1 of 1991.

NOTE: Authority cited: Section 25249.12, Health and Safety Code. Reference: Sections
25249.6 and 25249.11, Health and Safety Code

§ 25604.2 Occupational Exposure Warnings – Content

(a) For purposes of subparagraph (a)1. of section 25604.1, the warning shall be
provided in terms which would provide a clear warning for a consumer product as
specified above.

(b) For purposes of subparagraph (a)2. of section 25604.1, the following specific
warning messages shall be deemed to clearly communicate that an individual is being
exposed to a chemical known to the state to cause cancer, or birth defects or other
reproductive harm.

1. For exposure to a chemical known to the state to cause cancer:

"WARNING: This area contains a chemical known to the State of

California to cause cancer."

2. For exposure to a chemical known to the state to cause reproductive

toxicity:

"WARNING: This area contains a chemical known to the State of

California to cause birth defects or other reproductive harm."

NOTE: Authority cited: Section 25249.12, Health and Safety Code. Reference: Sections
25249.6 and 25249.11, Health and Safety Code

§ 25605 Environmental Exposure

(a) Warnings for environmental exposure that include the methods of transmission
and the warning messages content as specified by this section shall be deemed clear and
reasonable.

NOTE: Authority cited: Section 25249.12, Health and Safety Code. Reference: Sections
25249.6 and 25249.11, Health and Safety Code

§ 25605.1 Environmental Exposure Warnings – Methods of Transmission

(a) The method employed to transmit the warning must include the most
appropriate of the following alternative methods under the circumstances:

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 1. A warning that appears on a sign in the affected area.

2. A posting of signs in the manner described in Section 6776(d) of Title 3

of the California Code of Regulations as amended on May 10, 1999 shall be
sufficient for purposes of this paragraph.

3. A warning which is in a notice mailed or otherwise delivered to each

occupant in the affected area. Such notice shall be provided at least once in any
three-month period.

4. A warning provided by public media announcements which target the

affected area. Such announcements shall be made at least once in any three-month
period.

(b) Environmental exposure warnings shall be provided in a conspicuous manner

and under such conditions as to make it likely to be read, seen or heard and understood by
an ordinary individual in the course of normal daily activity, and reasonably associated
with the location and source of the exposure.

NOTE: Authority cited: Section 25249.12, Health and Safety Code. Reference: Sections
25249.6 and 25249.11, Health and Safety Code

§ 25605.2 Environmental Exposure – Content

(a) For purposes of subsection (a)(1) of section 25605.1, the following specific
warning messages shall be deemed to clearly communicate that an individual is being
exposed to a chemical known to the state to cause cancer, or birth defects or other
reproductive harm.

1. For exposure to a chemical known to the state to cause cancer:

"WARNING: This area contains a chemical known to the State of

California to cause cancer."

2. For exposure to a chemical known to the state to cause reproductive

toxicity:

"WARNING: This area contains a chemical known to the State of

California to cause birth defects or other reproductive harm."

NOTE: Authority cited: Section 25249.12, Health and Safety Code. Reference: Sections
25249.6 and 25249.11, Health and Safety Code

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